An Act to remove doubts as to the Power of the Local WHEREAS under section fifty-two of the Sanitary Act, 1866, 29 & 30 Vict. 38 & 39 Vict. c. 55. and section one hundred and thirty of the Public Health C. 90. Act, 1875, the Local Government Board have power to make regulations with a view to the treatment of persons affected with cholera or any other epidemic, endemic, or infectious disease, and preventing the spread of cholera and such other diseases, both on land and water: Short title and construction. Explanation of powers of Local Govern ment Board to make regula tions under 38 & 39 Vict. c. 55. s. 130, and 29 & 30 Vict. c. 99. s. 52. Application to 41 & 42 Vict. c. 52. And whereas the Local Government Board, Ireland, have like powers: And whereas doubts have arisen as to the extent of such powers as respects authorities and vessels, and it is expedient to remove such doubts: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Public Health Act, 1889. This Act, so far as it relates to England, shall be construed as part of section one hundred and thirty of the Public Health Act, 1875, and as regards that part of the county of London to which section fifty-two of the Sanitary Act, 1866, applies, as part of that section. 2. Regulations of the Local Government Board made in relation to cholera and choleraic diarrhoea in pursuance of section one hundred and thirty of the Public Health Act, 1875, or of section. fifty-two of the Sanitary Act, 1866, may provide for such regulations being enforced and executed by the officers of Customs as well as by other authorities and officers, and without prejudice to the generality of the powers conferred by the said sections may provide for the detention of vessels and of persons on board vessels, and for the duties to be performed by pilots, masters of vessels, and other persons on board vessels ; (2.) Provided that the regulations, so far as they apply to the officers of Customs, shall be subject to the consent of the Commissioners of Her Majesty's Customs; (3.) The officers of Customs, for the purpose of the execution of any powers and duties under the said regulations, may exercise any powers conferred on such officers by any other Act. 3. In this Act so far as it applies to Ireland (a.) references to section one hundred and thirty of the Public Health Act, 1875, shall be read and construed as references to section one hundred and forty-eight of the Public Health (Ireland) Act, 1878; (b.) the expression "Local Government Board" shall mean the Local Government Board for Ireland. Power to CHAPTER 65. An Act to amend the Law as to the Council of India. ВЕ [30th August 1889.] E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. The Secretary of State may, if and whenever he thinks fit, reduce number and provided that the total number of the Council be not thereby of Council. reduced below ten, record his intention to abstain from filling any vacancy in the Council of India, and such vacancy shall thenceforward remain unfilled. 2. This Act may be cited as the Council of India Reduction Short title. Act, 1889. い CHAPTER 66. An Act to facilitate the Construction of Light Railways in Ireland. BE [30th August 1889.] E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as the Light Railways Short title. (Ireland) Act, 1889. 2.-(1.) This Act shall not extend to England or Scotland. (2.) The Lord Lieutenant by Order in Council may from time to time declare that it is desirable that a light railway should be constructed between certain places for the development of fisheries or other industries, but that owing to the circumstances of the district special assistance from the State is required for its construction, and declare that the provisions herein-after enacted shall be applicable to such light railway, and thereupon the provisions of this Act shall be applicable to a light railway between the said places; but the provisions of this Act shall not apply except to a light railway specified in such an Order in Council as aforesaid, and shall cease to apply to such railway unless the same be constructed within a period to be mentioned in the said order or such extended period as shall be named in any subsequent order. Extent of Act. promoters. 3. This Act shall apply only (a) where the promoters of the Who may be light railway are an Irish railway company having a railway open for traffic; or (b) where the promoters have made an agreement approved of by the Treasury for the maintenance, management, and working of the light railway by such a railway company; or (c) where the promoters in making application to the grand jury of any county under the Tramways (Ireland) Acts propose that a barony or baronies in the county shall guarantee the payment of dividends upon a portion of the paid-up capital of the light railway, pursuant to the provisions of the Tramways and Public 46 & 47 Vict. Companies (Ireland) Act, 1883, which promoters are hereby authorised to do. c. 43. with and 4.-(1.) If the report of the Board of Works made upon the Treasury inquiry directed by the ninth section of the Tramways (Ireland) agreements Act, 1860, as altered by this Act, shall have approved of the advances to undertaking with or without any modification thereof, the Treasury railway may sanction such undertaking or any modification thereof of companies. which they may approve and make an agreement with such Order in Council to confirm agreement. c. 152. promoters, being a public company, for the construction, maintenance, and working of the light railway, or any or either of the said matters, upon such terms and conditions in all respects as to the execution of the undertaking and any contracts to be made therefor, or as to any other matter relating to the undertaking as the Treasury shall think fit. (2.) The Treasury may, subject to the limitations as to amount in this Act contained, agree that the undertaking may be aided out of public money either by a capital sum or by an annual payment, or partly in one way and partly in another. (3.) The capital sum may be a free grant or a loan, or partly one and partly the other, but no loan shall be made to any company which owes arrears of principal or interest to the Treasury, or to any promoters whose agreement for construction, maintenance, or working is made with such a company. (4.) A free grant or an annual payment shall be paid out of moneys provided by Parliament. (5.) Any such loan shall be made by the Board of Works, under the directions of the Treasury, out of moneys at the disposal of such Board for local loans, and shall be advanced on such conditions and at such rate of interest as the Treasury may direct. 5. Where such an agreement has been made by the Treasury, the Order in Council which the Lord Lieutenant is authorised to make under the Tramways (Ireland) Acts as altered by this Act, may provide that the forty-second and forty-third sections of the 23 & 24 Vict. Tramways (Ireland) Act, 1860, or either of them, shall not apply to such light railway, and may include, in addition to any provisions which it might have contained if this Act had not been passed, a confirmation of the agreement so made as aforesaid, and, where such an agreement has been made with a railway company, may sanction the promotion of the light railway, or the maintenance, management, and working thereof by such railway company, and may authorise such railway company to raise as capital such additional sum of money for such purpose and in such manner as shall be specified in such Order, and for the purpose of such an agreement it shall be lawful for a railway company to be promoters of a light railway, or to make an agreement for the maintenance, management, and working thereof: Provided always, that where such sanction or authority is given to a railway company, such Order shall only be made when the railway company establishes to the satisfaction of the Lord Lieutenant in Council that a copy of the proposed Order has been submitted to the proprietors of the railway company held specially for that purpose, as if such Order were a Bill promoted in Parliament by the railway company, and that all matters and things have been done and have happened, and all times have elapsed which, if such Order were a Bill so promoted as aforesaid, should have been done and have happened and elapsed in order to constitute compliance with the Standing Orders of Parliament applicable to Bills promoted by railway companies for the like purposes to those referred to in this section. Such Order in Council shall not take effect unless confirmed by Parliament if a petition against it is presented to the Lord Lieutenant in Council and the petitioner appears and proceeds therewith. 6.-(1.) The Treasury shall not undertake, in pursuance of this Limit of Act, to pay in the aggregate a sum exceeding twenty thousand Treasury aid. pounds a year in addition to the residue, if any, for the time being remaining unappropriated of the sum of forty thousand pounds a year mentioned in the ninth section of the Tramways and Public 46 & 47 Vict. Companies (Ireland) Act, 1883. (2.) Any aid given in pursuance of this Act by any capital sum or sums shall not exceed in the aggregate the sum of six hundred thousand pounds or such less sum as herein-after mentioned. (3.) The annual amount which the Treasury are authorised to pay by virtue of this Act shall be reduced by an annual sum equal to three per cent. per annum on the amount of any aid given in pursuance of this Act by a capital sum, whether by a free grant or a loan. (4.) If the Treasury undertake to pay any annual sum or sums under the Tramways and Public Companies (Ireland) Act, 1883, and this Act in excess of forty-two thousand pounds a year, the amount of the aid which may be given under this Act by a capital sum shall be diminished by such sum as with interest at the rate of three per cent. per annum would produce the amount of such excess. c. 43. 7. In the case of any light railway to which the provisions of Modificathis Act shall be applicable, the following modifications of the tions of provisions of the Tramways and Public Companies (Ireland) Act, c. 152. 1860, shall be made (a.) The first regulation contained in Schedule (A) to the said Act, Part V., shall be read and construed as if after the words neighbourhood of the proposed tramway" there were added the words and figures following, that is to say: "(6.) The propriety of the amount fixed as the nominal (7.) The merits of the proposed light railway in all points (b.) The inquiry directed by the ninth section of the Tramways necessary. 23 & 24 Vict. |